Human Rights Are Women's Right: Amnesty International and the Family

Hypatia ◽  
1996 ◽  
Vol 11 (1) ◽  
pp. 105-134 ◽  
Author(s):  
Saba Bahar
Keyword(s):  
Human Rights ◽  
Gender Relations ◽  
The State ◽  
Human Rights Violations ◽  
Amnesty International ◽  
The Family ◽  
Traditional Approaches ◽  
The Relationship

This essay examines why the recent recognition of human rights violations against women, as exemplified by Amnesty International's 1995 report on women, remains bound to the limitations of traditional approaches to human rights. The essay argues that despite Amnesty International's commitment to incorporating violations against women into its activities, it nevertheless upholds questionable assumptions about the gendered subject, gender relations within the family, and the relationship between the family and the state.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

Jus CogensafterGermanyv.Italy: Substantive and Procedural Rules Distinguished

2012 ◽  
Vol 25 (4) ◽  
pp. 979-1002 ◽  
Author(s):  
STEFAN TALMON
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Rights Violations ◽  
Limited Effect ◽  
State Immunity ◽  
The Icj ◽  
Jus Cogens ◽  
The Relationship

AbstractIn the case concerningJurisdictional Immunities of the State, the ICJ held that rules ofjus cogensdid not automatically displace hierarchically lower rules of state immunity. The Court's decision was based on the rationale that there was no conflict between these rules as the former were substantive rules while the latter were procedural in character. The ‘substantive–procedural’ distinction has been heavily criticized in the literature. Much of the criticism seems to be motivated by the unwanted result of the distinction, namely de facto impunity for the most serious human rights violations. This paper takes a step back from the alleged antinomy of human rights and state immunity and broadens the picture by looking at the relationship between substantive and procedural rules more generally. It is shown that substantive rules of ajus cogenscharacter generally leave procedural rules unaffected and, in particular, do not automatically override such rules. Substantive rules may, however, have a limited effect upon the interpretation and application of procedural rules. It is argued that the ‘substantive–procedural’ distinction is well established in international law and makes eminent sense even when substantive rules ofjus cogensand procedural rules of immunity are involved.

scholarly journals Revisiting Liberal Democracy and Asian Values in Contemporary Indonesia

2018 ◽  
Vol 4 (1) ◽  
pp. 111
Author(s):  
Muhammad Bahrul Ulum ◽  
Nilna Aliyan Hamida
Keyword(s):  
Human Rights ◽  
Liberal Democracy ◽  
The State ◽  
Asian Values ◽  
Contemporary State ◽  
Indonesian Government ◽  
The People ◽  
The Family ◽  
The Relationship

This paper aims to examine the complex and often contentious relationship between constitutionalism and integralism in the Indonesian government and provides a criticism of democratization within the contemporary state. Integralist state portrays the relationship between the state and the people as analogous to a family, with the state as a father and the people as children (the Family Principle). Those that adhere to this view, with regard to contemporary Asian politics, claim that Asian values are inherently integralist, that Asia’s particular history and values different considerably from the West’s, and that Pancasila, Indonesia’s state philosophy, is utilized to establish romanticized relations between the ruler and the ruled. The data presented in this paper was collected from relevant articles on Indonesian democracy and Asian values. It also demonstrates how Pancasila, as Indonesia’s core guiding philosophy, has influenced debates over how the constitutional should be applied and interpreted. As the research shows, during the regimes of Sukarno and Suharto, Pancasila was manipulated in order to promote the goals of the state, and that a reliance on integralism during Indonesia’s founding years severely diminished human rights and Indonesia’s capacity for an efficient democracy. By continually putting the priorities of the state above those of the people, the Indonesian government has contradicted its adoption of human rights and liberal democracy is often challenged by the spirit of integralism.

Fathers and Heroes

2020 ◽  
pp. 140-168
Author(s):  
Katherine E. Brown
Keyword(s):  
Human Rights ◽  
Ethic Of Care ◽  
The State ◽  
Trust Building ◽  
Human Rights Violations ◽  
The Relationship

This chapter considers the roles of fatherhood and paternalism in antiradicalization. Two arguments are made: paternalism characterizes the relationship between the state and individuals, and emasculation occurs via techniques used while particular masculine ideals are promoted simultaneously. Consequently, individuals may become deradicalized but policies reinforce the inequalities that some see as causes of radicalization. Paternalistic relationships are established—constructing individual relationships based on an ethic of care to generate trust is seen as key—but attempts at trust building are undermined by lack of accountability and transparency. This chapter also shows increasing militarization of counterterrorism programs worldwide. Numerous accounts of torture and human rights violations exist, sexualized in nature and emasculating particular suspect men. Policies seek to demonstrate the humanity of the state by acting in a considerate and caring manner, but actually serve to reinforce its paternal and emasculating undertones.

Effects of Family Coping and Resources on Family Adjustment and Parental Stress in the Acute Phase of the NICU Experience

2000 ◽  
Vol 19 (6) ◽  
pp. 27-37 ◽  
Author(s):  
Janet Pinelli
Keyword(s):  
Acute Phase ◽  
Parental Stress ◽  
The State ◽  
Family Adjustment ◽  
Family Coping ◽  
Family Assessment Device ◽  
The Family ◽  
General Functioning ◽  
First Time ◽  
The Relationship

Purpose: To determine the relationship between family coping and resources and family adjustment and parental stress in the acute phase of the NICU experience.Design: Correlational study based on the Resiliency Model of Family Stress, Adjustment, and Adaptation. Main study instruments included the State Anxiety scale of the State-Trait Anxiety Inventory, the Family Inventory of Resources for Management, the Family Crisis Oriented Personal Evaluation Scales, and the General Functioning subscale of the McMaster Family Assessment Device.Sample: Data collected from 124 mother and father pairs within two to four days of their infant’s admission to the NICU.Main Outcome Variables: Family adjustment and parental stress.Results: Adequate resources were more strongly related to positive adjustment and decreased stress than were either coping or being a first-time parent. The relationships among the variables were generally the same for both parents. Mothers utilized more coping strategies than did fathers.Practice Recommendations: Families with limited resources should be identified early to facilitate their adjustment to the NICU.

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

scholarly journals Identification of grain areas replaced by sugarcane and analysis of the relationship with family farming production in the state of Goiás

2014 ◽  
Vol 34 (6) ◽  
pp. 1296-1306 ◽  
Author(s):  
Maria A. Petrini ◽  
Jansle V. Rocha
Keyword(s):  
The State ◽  
Family Farming ◽  
Food Acquisition ◽  
Family Farmers ◽  
Annual Crops ◽  
Sugarcane Crop ◽  
The Family ◽  
Data Tables ◽  
Agricultural Areas ◽  
The Relationship

In Brazil, the State of Goiás is one of sugarcane expansion's frontiers to meet the growing demand for biofuels. The objective of this study was to identify the municipalities where there were replacement of annual crops (mainly grains) by sugarcane in the state of Goiás, as well as indicate correlations between the sugarcane expansion and the family farming production, in the period between 2005 and 2010. For this purpose, grains crop mask and sugarcane crop mask, obtained from satellite images, were intersected using geoprocessing techniques. It was also used IBGE data of sugarcane production and planted area, and data of family farming production linked with the National Food Acquisition Program (PAA), in relation to the number of cooperatives and family farmers. The crops masks and data tables of the National Food Acquisition Program were provided by National Food Supply Agency. There were 95 municipalities that had crops replacement, totaling 281,554 hectares of grains converted to sugarcane. We highlight the municipalities of Santa Isabel, Iaciara, Maurilândia, and Itapaci, where this change represented more than half of their agricultural areas. In relation to family farming, the sugarcane expansion in the state of Goiás has not affected their activities during the period studied.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

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